the owner says his worker was just outside seconds before impact. >> as soon as he goes inside like that, the car comes smashing into the door. really shaken up and scared. >> reporter: police arrested the suspect driver and recovered a gun. the store worker said he saw police chase down a second suspect. >> one of them tried to run away and i think he fell somewhere here and the police got him. >> reporter: the gang task force is investigating reports there was a dispute at the housing project overnight that escalated into a shooting this morning. >> we are familiar with this suspect. >> reporter: family of the dead woman came by the store briefly and left in tears. jose lopez says it was his sister-in-law. he showed her picture but said nothing else. now, tonight police have confirmed only one suspect has been arrested, that possible second suspect may have been detained for questioning. liz, tonight the investigation continues. >> all right, linda yee, thank

you. a developing story right now in marin county. huge surf is blamed for the death of a man swept out to sea at point reyes. the man and his wife were walking along the great beach. witnesses say a huge wave knocked the woman into the surf. bystanders rescued her without injury. the marin county fire department posted this video on facebook but the trouble was not over. the couple's dog was still in the water. that's when the husband tried to help. kcbs radio producer was at the beach and described what happened next. >> the rescuer went in. he went into his knees, grabbed ahold of the woman. she was on her back. he said, she was completely soaked and couldn't get up. and he and another man held on to the woman. the woman's husband then came and tried to get the dock. he was knocked over by a wave from the behind and carried out to sea immediately as he tried

to get the dog. >> the man's body has been recovered. officials say it's important to always remember to never turn your back on a wave. a standoff to start the new year a naked man armed with a samurai sword an assault rifle keeping police at bay for nearly two hours at bascomb and southwest expressway vta station in san jose. >> we contained him. many, many, many attempts to try and get little to relinquish the sword failed. up until about 11:00, the subject finally relinquished the sword and again he was taken into custody and now he has been transported to a local hospital. >> 29-year-old cocoa bennett suffered minor injuries during the arrest. police say that he had an ar15 with a magazine and live ammo in his truck. he is being evaluated for drug and mental health issues. the deal so close, but still not done. right now house republicans have drawn a line in the sand, but the brokered deal to avoid the "fiscal cliff" is still in jeopardy. cbs reporter danielle

nottingham on what's holding things up now. danielle. reporter: good evening. this isn't revolved yet. speaker john boehner gave them a choice to vote on the senate passed bill or amend it with more spending cuts and we are just getting word now from leadership aides that it's looking like they will vote on the senate's bill. how gop members left closed- door meetings with no agreement to pass the senate's "fiscal cliff" bill. the sticking point for many republicans, the senate version does not cut enough spending somewhat what we're really doing is raising taxes to give the president more money to spend. we think that's a bad idea. >> reporter: republican majority leader eric cantor told supporters he did not support the bill in its current form. do you personally oppose the bill? >> i do not support the bill. >> reporter: the senate agreement postpones harsh

across-the-board spending cuts for a few months. it also makes bush-era tax cuts permanent for individuals making under $400,000 a year and families making under $450,000 a year. the white house sent vice president joe biden here to capitol hill to try to broker a deal with the house just like he did in the senate. house democrats are welcoming his help. >> vice president biden has worked very hard to come to a compromise. by definition, a compromise has elements in it that each party does not like. >> i think that we've mad gigantic progress. i hope we can have a bipartisan agreement. >> reporter: even though the country went over the "fiscal cliff" at midnight monday officially, the senate version of the bill makes all tax cut extensions retroactive to the beginning of the year. and again we just got word from a leadership aide that the house will vote on the senate bill without any amendments to

it. the senate has adjourned until noon tomorrow. live on capitol hill, danielle nottingham, cbs 5. the "fiscal cliff" has created a mountain of frustration to families across the county. cbs 5 reporter john ramos on how people are reacting to what's going on in washington. reporter: your view from the "fiscal cliff" depends on where you are in the bay area. lafayette is an affluent east bay town where million-dollar homes are common. here the talk is all about higher taxes. >> they should have incorporated the legislation so that, you know, we don't have to pay more taxes, the average tax paying citizen. >> reporter: but over in san pablo, the houses aren't as fancy and the concern is cuts to programs for low income people. >> i think it's kind of good that they're taking a little bit more from the wealthy than the poor. that helps out a lot. >> reporter: and while there may be disagreement about how to solve the nation's money problems, the contempt for

congress is nearly unanimous. >> they are sitting back drinking their wine while we suffer. >> i think it's congress. i think it's us reelecting people that are going to continue to vote no taxes will vote you know keep these programs. >> there is no way i can run my business how we run this country. >> reporter: jennifer owns the children's store in lafayette. she is not thrilled with the "fiscal cliff" process but doesn't blame the politicians for it. >> a lot of congress' motivation is by the fact that they are going to do something and then they have to turn to their constituents and say this is what i did and, yes, then we would be throwing a fit. >> reporter: no matter what evolves from the process, this businesswoman and mother knows what should be done. >> we have to share the responsibility. and i think that we all need a good behavioral change. we all need a time-out. [ laughter ] >> we all are throwing a fit. we all need a time-out. >> reporter: in the east bay, john ramos, cbs 5. >> the breaking news from washington, d.c. at this hour though is very important.

the house will vote tonight on the senate version of the "fiscal cliff" fix and they will do it without any amendments to the senate bill and that is critical. we'll be monitoring developments and bring you the latest as soon as we learn them. after a year of contentious clashes, a bay area leader started the new year with a trip to the lion's den. mayor chuck reed visited police and firefighters on this holiday even though he engineered a massive pension reform bill. he took time to salute those who serve and protect. >> i represent the people and the people are appreciative of the hard work of the men and women of our san jose police department. we may have political disputes, ballot measures, things like that, but nevertheless, they deserve respect for the work they do, the difficult jobs that they have, and i'm here to thank them on behalf of the people of san jose and wish them a happy new year. >> the mayor was joined by city council members at a half dozen fire stations. all right. switching gears, there's lots of sun today but it did not

mean lots of warmth. let's check in with roberta gonzales to see what's up in ex- >> good evening. happy new year. we will have a chill in the air tonight. our very first freeze warning in effect. in fact, the highlighted areas you see on your tv screen is where we'll have some of the coldest temperatures to kick- start this brand-new year. the blue highlighted area means a frost advisory in effect so let's run through it for you. north bay and south bay, that's where we do have pretty much a freeze warning to frost advisory in effect. the blue highlighted areas does encompass temperatures that will dip to freezing. 41 degrees in san francisco when we should be around mid- 50s. coldest locations will be around santa rosa. penngrove and cotati, as well. otherwise, freezing in napa, sonoma and glen ellen. take a look at the trivalley. you're not under an advisory, but nevertheless you will feel the chill in the air in the upper 20s. oh, look at that. that's sunset as we take a look out towards sutro tower in oakland. mostly clear tonight and currently, we have temperatures

already dropping into the low 50s. we'll talk about the alert you need to know about for tomorrow coming up later on in this broadcast. fireworks launched in broad daylight. why a new year's eve tragedy pushed the pyrotechnics into the sunshine. not too much people say they get to deliver their grandkids. >> a pair of midnight baby deliveries, both planning to be the bay area's first of 2013 for one grandmother, the birth was a real hands on experience. as we'll see next.

thousands crowded along the embarcadero isn't that gorgeous? no fog to spoil the fireworks in san francisco this year. thousands crowded along the embarcadero to watch the display over the bay at midnight. but trouble broke out in the city before the show even began. one person was shot in the hand near jefferson and mason at fisherman's wharf around 10:30. witnesses say the gunman ran up

beech street toward alioto's restaurant but he couldn't be found. then an hour later another shooting on the waterfront near pier 23. a 12-year-old boy and a man were hit by gunfire. neither was seriously hurt. sfpd are asking for help from anyone who saw what happened. new year's eve violence also erupted in sacramento. about 40,000 people were gathered for a fireworks show when gunshots rang out in front of a restaurant on 2nd street. a bar patron and an employee were killed and three other people were wounded. >> at first, when i heard the bullets, everybody was flying into the stores to hide and i immediately went out, because i wanted just to see what the action was. and then i seen the officer jump off his horse. the horse kept going and the officer just did not have no fear. he just took that guy down. >> a 22-year-old man is now in police custody. the shooting forced the cancellation of the midnight fireworks show. sacramento residents instead awoke to the booming sound of

pyrotechnics at about 8:00 in the morning. the city decided to launch the remnants of the new year's show because they said the fireworks were just too dangerous to disarm. bitter cold coming, the health hazard that the freezing temperatures will bring. >> and getting your fiscal house in order for the new year. some consumerwatch tips just ahead. ,,

cbs 5 reporter patrick sedio on this year's "tie" and how o ry all in the battle for the first bay area baby of 2013 bragging receipts is still going strong tonight. cbs 5 reporter patrick sedillo on this year's tie and how one family kept the delivery all in the family. reporter: >> she's my surprise baby. >> what do you mean by surprise? >> i was on birth control when i found out i was pregnant with her. >> reporter: the new year brought a special delivery to chris and susan delivered at the stroke of midnight at alta bates summit medical center in berkeley, this is kendall one of the first babies born in 2013. but it wasn't easy. >> actually at one point i thought i miscarried and then we found out she was still in there with an ultrasound. >> reporter: the final surprise, kendall arrived 7

weeks early. >> it was shocking and surprising but after this pregnancy i don't think anything surprises me. >> reporter: it doesn't stop there. at the same time in antioch, another new year's baby was being born and guess who delivered it. >> i delivered him. >> reporter: not only is she the ob/gyn, deborah stewart is also little harley daniel sparks' great grandma. >> not too many people get to say they get to deliver their grandkids. >> reporter: this is not her first time at this by far. >> i have 8 grandchildren and i delivered seven of them and three great-grandchildren and i delivered all of them. so 10. happy new year! >> reporter: reporting from and, patrick sedillo, cbs 5. >> happy new year indeed. well, some more proud bay area parents at the rose bowl parade in pasadena. san jose's valley christian high school band marched in the 124th tournament of roses parade. 700,000 people lined the five mile route.

plenty of stanford alum there, too, of course. it's another "spare the air" day and that means the air quality police are going to be keeping an eye out for woodburning fires. cbs 5 reporter mark sayre is in san jose to explain why wood fires and cold air doesn't mix. hi, mark. >> reporter: well, brian, this "spare the air" day actually is today and there's another one tomorrow. air quality management officials say they could declare another one on thursday, as well. but they will make that decision later. this is all due to the very cold temperatures and the very still weather conditions. reporter: the smoke and haze hanging over downtown san jose also contain particles which are unseen but can be hazardous to your health. in technical terms, they are called fine particulate matter. and the microscopic size means they are easily inhaled. >> it creates unhealthy conditions, unhealthy breathing conditions so for people who have respiratory conditions, it can trap -- it can trigger an asthma attack. it can trigger very distressed breathing. >> reporter: lisa with the bay

area air quality management district says many cities including oakland, vallejo, livermore, redwood city, san jose and gilroy are already showing hourly levels of particulate matter that are well above healthy levels and officials expect those levels to rise tonight. so a "spare the air" alert has been issued for today and tomorrow. >> we get a lot of complaints around this time of year. people say, you know, of course you always call on the holidays. this is terrible! but the reality is, that's weather we know people burn. >> reporter: the cold weather forces the particulate matter close to the ground and the lack of wind keeps it there. with the weather service also issuing a frost advisory for tonight, some are already taking precautions. some residents are covering up their plants. >> but i did hear about it's going to get pretty col tonight. >> reporter: but one thing residents cannot legally do to keep warm is light a wood- burning fire. lou ann dewitt also knows that. what do you do when it gets that cold? >> i stay home, turn on the fireplace and i can turn it on because it's gas. >> reporter: so you're not

worried about "spare the air"? >> no, i don't have to. we changed that a long time ago. >> reporter: and during these "spare the air" alerts inspectors are out looking for violators and if they catch you, the fine is stiff: $500 for a first offense. reporting live in san jose, i'm mark sayre, cbs 5. >> wow. that's a slap of reality right there. put on a sweater, right, roberta? >> i worked with breathe california a few years ago and they came into my house because my friend suffers from allergies and asthma and we converted all our wood-burning fireplaces to gas and also, candles, it's romantic. >> it gives that you cozy feeling. >> i don't care about that. it's romantic. happy new year, everybody! [ laughter ] today we have a freeze warning in effect for those red highlighted area,s. we're talking about the north bay and agriculture areas where we have a frost advisory in effect for the san francisco shoreline also all the way into the santa clara valley. how cold will it be?

how low will it go? 29 degrees in santa rosa, also in throughout livermore, pleasanton, san ramon, dublin. 30 in throughout fairfield and vacaville. mid-30s on the peninsula to freezing in redwood city. 34 degrees willow glen through the almaden valley. hi-def doppler it's live, no precipitation at all even though we have a few clouds drifting around sutro tower. it's our live cbs 5 weather camera. official sundown at 5:01. with it numbers steadily going down. currently into the low 50s. meanwhile, we're looking out at the golden gate bridge where traffic is moving along. your overnight forecast tonight, a starry night. wednesday will be the second consecutive winter "spare the air" day. and we have a dry weather pattern in the offering even though a series of areas of low pressure is well established to the north of the bay area they are trying to make tracks towards northern california. bumping up genes a huge ridge of high pressure, therefore falling apart at the seams. we will see nothing but sunshine all the way through january 10th. here's how we stand as far as

your precipitation of normal stats are concerned. a very hefty 158% of normal in santa rosa where this time last year we were at 31%. now, meanwhile, if you are heading to the high sierra, their snow content perfect right now. can we all say powder? can we say powder? >> powder! >> powder, powder, powder. 30s and 40s and no snow in the forecast until the 10th of january, as well. tomorrow's highs 40s and 50s, that's as good as it gets. outside number will be 55 degrees. partly cloudy conditions on thursday and friday as a disturbance throws a few clouds in the forecast. but precipitation-free all the way through the weekend and temperatures trying to hit near 60 monday and tuesday. that's your pinpoint forecast. eyewitness news will continue right after this. ,,,,,,,,,,,,

of the paris apple store. police say the robbers brok new year's eve and made offh more than a million dollars worth of i-pads, i- phones d other merchandise. the four orced their way in armed robbers take a bite out of paris apple store robbers making off with more than a million dollars of

ipads, iphones and other merchandise. the four masked men forced their way in as the janitor left. police say they timed it to coincide with the new year's celebrations when officers were already distracted. still working on your new year's resolutions? cbs 5 consumerwatch reporter julie watts says if they are about getting in shape, don't forget about your fiscal fitness. reporter: as you plunk down a couple of bucks for that cup of coffee -- > two or three times a day. >> reporter: -- or shell out a little more lunch. >> typically around 8 bucks. >> reporter: -- ask yourself, do you make more than $90 an hour? that's what you need to earn to reasonably afford eating out five days a week. >> it's not worth the hassle for me to prepare lunch. if it costs me another $1,000 at the end of the year it's worth it. >> reporter: tip number one, according to personal finance experts, you could save around $1,000 a year if you brew your own coffee or brown bag it. >> you think about the taxes that you have to pay and your

regular just day-to-day living expenses like your pg&e bill and your cell phone bill and all of that the $90 an hour really gets eaten away quickly. >> reporter: which brings us to tip 2. save, save, save. according to the united states federal reserve, americans on average only save 3.6% of their income. what we should be saving upwards of 10%. and if you are counting on social security, plan on socking away 12 times your current income too. because getting old can get expensive. >> i have seen clients pay upwards of $13,000 a month for round the clock care in their homes. it's very expensive. >> reporter: and then there's housing. bringing us to tip number 3. you shouldn't spend more than 25 percent of your income on where you live. a tall order here in the bay area. but keeping this rule of thumb in mind might help you stash some cash into your 401(k) or ira. >> cheers!

>> reporter: this couple rents two bedrooms of their home to offset their mortgage and help them reach their financial goals. >> stay in the house and retire here and burn that mortgage paper. >> reporter: and they talk money every saturday in an effort to track their progress. >> we're acutely aware of what's in our accounts and when we decide to use credit. >> reporter: a small price to pay for peace of mind and the more prosperous future. in campbell, julie watts, cbs 5. the fbi calls new year's eve its super bowl. we'll take you inside the massive security effort in times square. that's tonight on the "cbs evening news." ,,,,

to give a break cancer survivor a lifetime-- that's definitely a fair trade. it was such a beautiful experience. (jessica lee) ♪ and it's beautiful (woman) why walk 60 miles in the boldest breast cancer event in history? because your efforts help komen serve millions of women and men facing breast cancer every year. visit the3day.org to register or to request more information and receive a free 3-day bracelet today. it was 3 days of pure joy. ♪ and it's beautiful

growing up, we didn't have u-verse. we couldn't record four shows at the same time. in my day, you were lucky if you could record two shows. and if mom was recording her dumb show and dad was recording his dumb show then, by george, that's all we watched. and we liked it! today's kids got it so good. [ male announcer ] get u-verse tv with a total home dvr included free for life. only $29 a month for six months.

washington - but the results will be here's what we're working on right now for the 6:00 news. the talks are being held in washington but the results will be felt here in california. how recent optimism about our state's economy could be crushed by lawmakers on capitol hill. and when your instrument of choice is a drum it's not always easy to find a place to play. how some bay area musicians landed a new home to make big noise. that and more tonight at 6. appreciate your watching. the "cbs evening news" is next. and remember, the latest news and weather are always on cbssf.com. bundle up tonight. captions by: caption colorado comments@captioncolorado.com

>> mason: tonight, the economic deal hits a snag. what house leaders don't like about the senate plan for avoiding tax increases and budget cuts in 2013. reports from nancy cordes and major garrett. a new year and new taxes to pay 01r obamacare. but will it cost jobs? do you think it may affect the number of people you can hire? afeping times square safe on new year's eve. d th doane behind the scenes with the f.b.i. and michelle miller on the emanraits that tell the story of orter: wcipation proclamation. >> reporter: what are they saying? ing tos it they're trying to convey in these pictures? captioning sponsored by cbs this is the "cbs evening news" with scott pelley.